Out-of-State Patients Can Get Oregon Medical Marijuana Cards

By
Leland R. Berger, Opposing Views
on July 13, 2010

In State v. Berringer, (online here: http://www.publications.ojd.state.or.us/A137186.htm) the Oregon Court of Appeals held that Oregon was not required to give a California patient’s status as a patient ‘full faith and credit’ (reasoning that that status created an affirmative defense within CA only) and that the California patient’s federal constitutional right to travel did not protect this patient from being prosecuted and convicted under Oregon Law.

Although not a part of the holding, the Court also concluded that the application requirements of the law was ambiguous, and resolved that ambiguity by concluding that the law permits out of state patients to register here.

Initially, the Oregon Medical Marijuana Program (OMMP), acting on advice of its counsel, the Oregon Attorney General, refused to process out of state patient applications. But, on June 14, 2010, the Oregon Attorney general issued an opinion (online here: http://www.doj.state.or.us/agoffice/agopinions/op_2010_2.pdf) concluding that: “(1) The OMMA contains no Oregon residency requirement for obtaining an Oregon registry identification card; and, (2) the Oregon legislature could limit eligibility for Oregon registry identification cards to Oregon residents without violating the federal constitutional right to travel.”

In response, the OMMP has issued (http://www.oregon.gov/DHS/ph/ommp/333-008-0020_TEMP.pdf) temporary administrative rules (http://www.oregon.gov/DHS/ph/ommp/333-008-0020_TEMP_text.pdf) amending Oregon Administrative Rule 333-00800020) to facilitate the processing of out of state applications.

Tawana Nichols, the Program Director of the OMMP is quoted in The Oregon Politico
(http://theoregonpolitico.com/blog/2010/07/08/medical-marijuana-no-longer-restricted-to-oregon-residents/) acknowledging this change in policy.

Out of state patients who register with the OMMP will still have to have written documentation from an Oregon attending physician (MD or DO) and will have to designate an Oregon location as their grow site (as with Oregon patients, whether they have one or not).

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Comments

7 Comments

Anonymous on
July 20, 2010 12:40 am

This is how the Federal Government was planing to use the “New Health Care Scam” now they can send the Pharmaceutical Cartel hit squad to take out law abiding doctors and persecute them as well as patients. everything has been privatized, Law enforcement, Health care, the auto industry, Insurance and Banks. we are officially Fascist/communist.

Anonymous on
July 20, 2010 12:33 am

This is why the Federal Government passed the “new health care plan” now they will have a board of paid by the Pharmaceutical cartel to persecute law abiding doctors.

Mr. Anonymous and his hurtful comments on this article.? His hateful posts are the highlight of my visits to CC……nothing makes me laugh like that guys ignorance.

one12alpha on
July 13, 2010 10:28 pm

While this kinda clears things up with California and Oregon, it still leaves a HUGE gap. Suppose a California patient wishes to travel to, wherever without medical marijuana? There needs to be some sort of protection from federal law ,locally and abroad, for medical marijuana patients. And no, that little memo, is not enough.

Really, the shit should just be legalized. But that’s a different fight for a different time. Right now, we need to be protecting people who are following their doctors advice. As it stands, if you’re on medical marijuana, you’re stuck in your state…unless you can bare to leave your medication at home.

Mrs. Rat'sRectum on
July 13, 2010 9:19 pm

This decision is a huge step toward establishing reciprocity agreements between states. Many states that border on one another have reciprocity agreements to recognize certifications, accept people’s professional credentials, for example.

When the U.S. governors get together as a body or as a part, the governors of the medical marijuana states should get together during the assembly/meeting to get a generic reciprocity agreement for medical marijuana established and working, something that is not too specific yet not too vague for a cascade of new states to sign on to.

Then roll up the document and slap the feds in the face with it!

Do I really have to think of everything?! Really!

MOTFA on
July 13, 2010 9:04 pm

This movement needs more powerful lawyers, but this is defiantly a start.
If big business can find a way to skirt the law, so can we.